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this post was submitted on 04 Nov 2024
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chapotraphouse
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As unbelievable as it might sound, in the USA justice system, if a lawyer knows their client is guilty as hell, they are not supposed to just pretend otherwise and make up crazy legal theories in court to try to get them off the hook. Lawyers who make such grossly bad-faith arguments like this in front of a judge are supposed to get disbarred.
I read all of the written opinions from my home state's Supreme Court(it's a weird hobby, I know), which includes any appeals of state bar disciplinary actions. It takes a lot to actually get disbarred, and it's almost always for repeatedly doing things that are cut and dried no-no's, like misappropriating client funds. The bar disciplinary board and the judges who hear the appeals are all lawyers and they cut an incredible amount of slack for this kind of stuff. This argument, while dumb, wouldn't even merit a reprimand.
Lawyer brain